https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
AND IMPROVEMENT AUTHORITY REGULAR MEETING
OCTOBER 3, 2023
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
6:00 P.M. CLOSED SESSION
7:00 P.M. REGULAR MEETING
*HYBRID CITY COUNCIL MEETING
The Regular Meeting of October 3, 2023, will take place in accordance with the requirements of the Ralph M. Brown Act, Section 54950 et seq. of the Government Code. Remote participation by any Committee/Commission member shall be in accordance with Subdivisions (b)(3) or (f) of Government Code Section 54953. The meetings are held at Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard and/or via teleconference for staff/consultants/participants using the Zoom platform and broadcast live on the City's website at rpvca.gov/agendas and on PVPtv channels Cox 35 and Frontier FiberOptic 39. Public participation will be in person and using the virtual platform. Please see separate cover for virtual public participation options. *COUNCILMAN BRADLEY'S REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE 54959(b) from the following location:
Scottsdale Marriott Old Town
7325 East 3rd Avenue, Scottsdale, AZ
PUBLIC PARTICIPATION OPTIONS
Public Participation Options
LATE CORRESPONDENCE
Late Correspondence (Set 1 of 3)
Late Correspondence (Set 2 of 3)
Late Correspondence (Set 3 of 3)
NEXT RESOLUTION NO. 2023-46
NEXT ORDINANCE NO. 674
NEXT RESOLUTION NO. IA 2023-10
6:00 P.M. CLOSED SESSION
CALL TO ORDER:
Mayor Ferraro
ROLL CALL:
Councilmember Alegria
Councilmember Bradley
Councilmember Seo
Mayor Pro Tem Cruikshank
Mayor Ferraro
PUBLIC COMMENTS FOR CLOSED SESSION:
This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate CLOSED SESSION ITEM(S):
All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such disclosure has been approved by the vote of the Council taken during the closed session or as otherwise required by law. Violation of this rule may subject the violator to various penalties including (i) censure by the Council as provided in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv) civil actions, including issuance of an injunction.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
A closed session will be held, pursuant to Government Code §54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Limetree Estates v. City of Rancho Palos Verdes, United States District Court Case No. 2:23-CV-1420.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
A closed session will be held, pursuant to Government Code §54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Conjunction Junction, LLC v. City of Rancho Palos Verdes. Et al.,Los Angeles County Superior Court Case No. 23STCP02886.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d)(3) & (e)(2) because there is a significant exposure to litigation in one case.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE TO REGULAR MEETING:
7:00 P.M. - REGULAR MEETING
CALL TO ORDER:
Mayor Ferraro
ROLL CALL:
ouncilmember Alegria
Councilmember Bradley
Councilmember Seo
Mayor Pro Tem Cruikshank
Mayor Ferraro
PLEDGE OF ALLEGIANCE: To be announced
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the agenda. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
CITY MANAGER REPORT:
PowerPoint Presentation
CONSENT CALENDAR:
Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Council may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requested to speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak on any Consent Calendar item(s) will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate A.
Approval of Minutes (Zweizig)
Recommendation:
Approve the Minutes of September 19, 2023, Regular Meeting.
Draft Minutes
B.
Registers of Demands (Mata)
Recommendation:
1) Adopt Resolution No. 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID; and, 2) Adopt Resolution No. IA 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Register of Demands (City)
Register of Demands (IA)
C.
Consideration and possible action to approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing parking citations. (Bañales) Recommendation:
(1) Approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing of parking citations and identifying the three cities as the Palos Verdes Parking Authority; and (2) Authorize the Mayor to execute the amended and restated agreement in a form acceptable to the City Attorney.
Agenda Report
D.
Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement with John L. Hunter & Associates to incorporate stormwater studies at Averill Canyon and San Pedro Canyon. (Hevener) Recommendation:
(1) Approve Amendment No. 3 to the Professional Services Agreement with John L. Hunter & Associates in the amount of $71,545, increasing the overall contract sum from $494,473 to $566,018 for stormwater studies at Averill Canyon and San Pedro Canyon; and (2) Authorize the Mayor to execute Amendment No. 3 in a form approved by the City Attorney.
Agenda Report
E.
Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with Dudek to establish the Mixed-Use Overlay Zoning District. (Bobbett) Recommendation:
(1) Approve Amendment No. 1 to the Professional Services Agreement with Dudek authorizing a one-year term extension ending September 21, 2024, to establish a Mixed-Use Overlay Zoning District, develop related development standards, and prepare associated environmental documents, for an amount not to exceed $309,990; and, (2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney.
Agenda Report
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to speak to that item. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate PUBLIC HEARINGS:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
For appeal hearings, the appellant or their representative speaks first and will generally be allowed ten (10) minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten (10) minutes.
None.
REGULAR BUSINESS:
This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
1. Consideration and possible action to consider declaring a local emergency and/or adopting an urgency ordinance prohibiting new construction within one or more of the various landslides within the greater Portuguese Bend Landslide Complex. (Wynder) (15 mins) Recommendation:
1. Consider the "pros and cons" prepared by the Office of the City Attorney regarding whether to adopt a declaration of local emergency pursuant to Government Code §§ 8630 et seq., within one or more specific areas within the greater Portuguese Bend Landslide Complex together with the necessary findings "conditions that threaten life, property, public order, or public safety"; 2. If warranted, adopt Resolution No. 2023-__ adopting a declaration, pursuant to Public Resources Code §§ 21080 et seq. and California Environmental Quality Act (CEQA) Guidelines §§ 15269, 15300.2(d), and 15301(d), that the exemptions from CEQA for actions to mitigate an emergency apply to the City's actions because emergency conditions exist within (1) the greater Portuguese Bend Landslide Complex, and/or (2) the Abalone Cove Landslide, and/or (3) Klondike Canyon Landslide, or all of the above, together with the necessary findings that "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remediation; 3. If warranted, and in addition or in the alternative, adopt, by a four-fifths vote of the entire City Council, Interim Urgency Ordinance No. U___, pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, and safety, prohibiting new construction within one or more of the various landslides, excepting therefrom actions necessary to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remedial action; and, 4. Direct Staff to provide support services to the Abalone Cove Landslide Abatement District (ACLAD) and the Klondike Canyon Landslide Abatement District (KCLAD) which have the statutory authority and responsibility to address the landslide(s) occurring within their geographic boundaries to address the accelerating land movement, to expedite needed remedial actions.
Agenda Report
Draft Resolution
PowerPoint Presentation
2. Consideration and possible action to approve traffic calming measures for Avenida Classica and Avenida Esplendida between Crest Road and Los Verdes Drive. (Awwad) (90 mins)
Recommendation:
(1) Approve the following traffic calming measures for Avenida Classica and Avenida Esplendida between Crest Road and Los Verdes Drive:
a. Installing traffic diverters prohibiting southbound right-turns and northbound left-turns at the intersection of Avenida Classica and Los Verdes Drive and at the intersection of Avenida Esplendida at Los Verdes Drive; b. Installing a traffic signal at the intersection of Hawthorne Boulevard and Los Verdes Drive; and, c. Installing corresponding wayfinding signage; (2) Direct Staff to study a raised crosswalk across Los Verdes Drive at the intersection with Avenida Esplendida and return with a recommendation for future City Council consideration; and (3) Direct Staff to include the approved traffic calming measures in the Fiscal Year 2024-25 Capital Improvement Program (CIP) for prioritization and funding.
Agenda Report
PowerPoint Presentation
3. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Bañales) (30 mins) Recommendation:
(1) Receive and file a status report from SCE on its action plan and timeline for correcting power outage issues in the Grandview Estates neighborhood; and (2) Request SCE return on November 21, 2023 with a progress update for correcting the power outage issues in the Grandview Estates neighborhood.
Agenda Report
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
This section is for item(s) that have been removed from the Consent Calendar by a member of Council for discussion or clarification.
FUTURE AGENDA ITEMS:
This section is designated for individual Council Members to request that an item be placed on a future City Council meeting agenda. 5 minutes has been allotted for this section.
CITY COUNCIL ORAL REPORTS:
This section is designated for oral reports from Council Members, as elected officials of the City, to report action taken at intergovernmental organizations, committee, or association meetings. Council Members are required to provide a brief oral report on their attendance at any meetings where City funds have been expended. Detailed reports should be made in writing and will be posted on the City’s website. 10 minutes has been allotted for this section.
ADJOURNMENT:
Adjourn to 6:00 P.M. on October 17, 2023, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting.
City Council Agendas and Staff Reports:
The agenda and staff reports are available on the City’s website at www.rpvca.gov/agendas
no later than 72 hours before the meeting.
Materials related to an item on an agenda submitted after distribution of the agenda packet are available on the City’s website at www.rpvca.gov/agendas
by clicking the link titled “Late Correspondence” at the top of the agenda.
Ordinances:
Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
Public Correspondence:
We highly encourage written materials regarding City Council Agenda items be submitted no later than 4:00 P.M. the Monday prior to a City Council meeting to allow the Council Members ample time to review and consider the issues raised prior to making decisions at the Council meeting. Please keep in mind that it is difficult for Council Members to carefully review materials submitted after that deadline or at the meeting. Written materials, including emails, submitted to the City are public records and may be posted on the City’s website. Accordingly, you may wish to omit personal information from your written materials or oral presentation as it may become part of the public record regarding an agenda item. In addition, City meetings may be televised and may be accessed through the City's website at www.rpvca.gov/agendas
.
Public Participation:
Participants must speak from the podium using the lectern microphone; comments are to be directed to the City Council and not to the staff or the public; repetition should be avoided; and reading a submission that has been copied or contained in the agenda will be discouraged. Virtual participation is also offered please visit www.rpvca.gov/participate
.
Public Comments:
The City Council may limit the public input on any item based on the number of people requesting to speak, the length of the agenda, or the business of the Council.
Members of the public who require language assistance are welcome to bring their own interpreter. If you plan to attend with an interpreter, we kindly ask that you notify the City Clerk’s Office in advance so we can help accommodate seating and meeting logistics. For questions or to provide notice, please contact the City Clerk’s Office at (310)544-5217 or via email at [email protected]
. You will be allowed twice the allotted speaking time to facilitate the translation.
Conduct at the Council Meeting:
Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b)(1) means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force.(2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
Time Estimates:
The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item. Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time.
Continuation of Meeting:
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business items after 10:15 p.m., unless a majority of the Council members who are present affirmatively vote either to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all items listed on the agenda are completed, any unfinished business will be continued to the next succeeding day that is not a holiday, at a location to be determined.
Closed Session:
Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) American with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in this meeting, please contact the City Clerk’s Office prior to the meeting at:
[email protected]
; by phone at 310-544-5217; or mail 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. The City’s reasonable accommodation policy is available for review on the City’s website (see City Council Policy 58)
. Please note that for accommodations that are not readily available, you should make your request as soon as you can prior to the time of the meeting.
CEQA Compliance (Changes as of 11/7/22):
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.